The Chair of the Sub-Committee advised all present of the process of the

hearing. The Licensing Officer was invited to introduce the report as outlined within the agenda. Members heard how the conditions within the report from Environmental protection had been updated and circulated to all parties.  Members were provided the chance to ask questions of the Licensing Officer.

The Sub-Committee then heard from the Environmental Health Officer, who explained the Local Authority had received 9 noise complaints from the premises since Autum 2024, of these 6 had been witnesses from the neighbouring property.

Environmental Protection therefore suggested the following conditions be added to the premises licence:

• A noise limiting device should be installed by a qualified electrician and once operational, Environmental Health Officers will visit and assist setting an appropriate sound cut off level.
  • Noise levels will be set and agreed by all parties, giving consideration to business needs during this process.
  •  If complaints are still received after the installation and setup of the sound level limiter, Environmental Health Officers will assess the situation.  If a level of noise, that would constitute a Statutory Nuisance is witnessed within a nearby residential property, Environmental Health Officers will make adjustments to the sound level limiter as necessary, in collaboration with the business owner.

• All entertainment that uses amplification equipment, must be controlled using the noise limiting device and only powered by plug sockets, wired into the noise limiter.
• All doors and windows to be kept closed at the premises when amplified sound is played (inclusive of new extension area).
• To lessen the impact of any noise intrusion to nearby residential properties, no live/recorded music to be played within the new extension area.
• On Friday and Saturdays, all live music/entertainment/DJ’s/live singer to cease at 01.00hrs, with a reduced volume (at a background noise level) from 00.30hrs.

It was queried as to the change of the original hours music was allowed to be played from 1.30am to 1pm. The Licensing Officer stated that the application was for a variation in relation to the layout of the premises and not its licensable activities some of which were covered by the deregulation of entertainment.

The Chair sought a short adjournment to seek legal advice at 7.17pm. The meeting continued at 7.22pm.

The Chair of the Sub-Committee clarified the application was to update the layout plan of the premises as an extension which had been built to the front of the existing premises and did not seek to change any of the existing licensable activities.

The Sub-Committee then heard submissions from the neighbouring resident who had objected to the variation application, during which she commented the main issue was the noise from the premises. This was either music or customers shouting or singing when they left the premises, which disturbed her family from being able to sleep.

Members were provided the chance to ask questions of the objector. There were none.

The Premises Licence Holder Mr Bashir was then asked to present their case. The Sub-Committee then heard that the Licence Holder had been running the business for 15 years during this time the restaurant had always had live music. He continued that he had been neighbours with the objector for 10years and they were the only resident objector to the application. It was confirmed he had agreed to the additional conditions sought by Environmental Protection.

Following questions from Members it was clarified that the extension to the front of the premise was to enable customers if they wished to dine outside. During the winter months and entertainment evenings the doors would be closed, however in during the summer if the weather allowed the doors would be opened during the day.

The Licensing Officer then provided a short summary to the Sub-Committee.

The Environmental Health Officer and the objecting Resident were then asked to give a summary of their cases.

The Licence Holder was asked to present a summary of the case to Members.

The Chair sought everyone had said all they wished too; it was agreed they

had. The Sub-Committee then adjourned for deliberation at 7.36pm and were

accompanied by the Legal Advisor and the Democratic Services Officers.

The meeting reconvened at 7.43pm.

The Legal Advisor read out the Sub-Committee’s decision.

RESOLVED the Sub-Committee agreed to grant the variation with the additional conditions suggested by Environmental Protection to be included on the licence.

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A full recording of this meeting can be found from the following link – Licensing Sub-Committee - Tuesday 4 February 2025, 7:00pm - Thurrock Council committee meeting webcasts